A couple preparing for marriage enters into a prenuptial agreement to formally address the ownership, management, and potential division of their respective assets and debts. Raising the subject of a prenuptial agreement is often a delicate personal matter, but it is an essential conversation that should take place well before your wedding day. Each of our Las Vegas prenuptial agreement attorneys drafts and executes prenuptial agreements, ensuring compliance with the Uniform Premarital Agreement Act (NRS 123A). We also handle post-nuptial agreements and routinely litigate the validity, or lack thereof, of both forms of marital agreements.
Absent a written agreement, Nevada community property statutes automatically govern marital property and debts in the event of a divorce. A properly executed prenuptial agreement allows you to replace these statutes and define your own financial future. Because our Las Vegas divorce attorneys regularly appear in court arguing both for and against the validity of these agreements in high-stakes divorce proceedings, we know how to structure a contract that withstands judicial scrutiny.
What are the Requirements for Valid Prenuptial Agreements?
Prenuptial agreements in Nevada are governed by the Uniform Premarital Agreement Act (UPAA), codified in Nevada Revised Statutes (NRS) Chapter 123A. Although a prenuptial agreement is a contract, it is held to a different standard than a typical business agreement because of the inherently trusting relationship between prospective spouses.
A judge may find a prenuptial agreement invalid, and therefore unenforceable, if it was not properly executed. When an agreement is set aside, marital property reverts to the default Nevada community property statutes.
Under Nevada statutes, a prenuptial agreement is most likely to be upheld as valid and enforceable when:
- It is properly worded, in writing, and signed by both prospective spouses.
- Each party is given an adequate and reasonable period to review the document before the wedding.
- Both future spouses have a meaningful opportunity to retain independent legal counsel.
- It includes a full, fair, and transparent disclosure of all financial assets, income, and debts of both parties.
- The agreement was signed voluntarily, free from fraud, coercion, or duress.
- The terms and conditions were not “unconscionable” at the time the agreement was executed.
- It contains no provisions that attempt to limit or predetermine child support or child custody.
Why are Full Financial Disclosures Required?
Each party must thoroughly disclose all assets, income streams, business valuations, and outstanding debts. Omitting significant financial information, deliberately undervaluing a business, or concealing offshore accounts is one of the surest ways to have a judge declare the agreement invalid.
It is strongly advisable to have a Las Vegas prenuptial agreement attorney draft the document and structure the financial disclosure schedules. We know how to document your estate so that the agreement will stand up in court should the need arise. Every estate is different, and our attorneys apply sophisticated drafting techniques to better protect your assets from commingling claims. Be cautious about relying on a standard form downloaded from a generic legal website. Economizing on legal counsel for your agreement could cost you half of your net worth later.
Ensuring Voluntariness and an Adequate Time Period
A valid prenuptial agreement requires an “adequate time period” for review. Both parties must have sufficient time to read, understand, and negotiate the terms before signing. Although Nevada law requires voluntariness, it does not mandate a specific statutory waiting period, leaving a legal gray area.
Presenting a contract to your fiancé the night before the wedding, or issuing an ultimatum after the invitations have been mailed, invites claims of duress and coercion. To minimize risk and clearly demonstrate that the contract was signed voluntarily, negotiations should begin, and the agreement should be signed by both parties, months before your wedding day.
The Crucial Role of Independent Legal Counsel
Each future spouse should have an independent local prenuptial agreement attorney representing their sole interests. One of the strongest and most common arguments for invalidity in a divorce is that one party had an attorney and the other did not, particularly when the financially stronger party was the only one to retain counsel.
A party may legally waive the right to independent counsel. However, courts examine such imbalanced situations closely and skeptically, making a waiver inadvisable. If one party chooses to waive independent legal counsel, that decision should be clearly documented in writing to protect the agreement from future challenges.
Unconscionability and Spousal Support Limitations
Nevada law provides that the terms of a prenuptial agreement must not be “unconscionable” at the time of execution. Although unconscionable has no precise definition, it generally means the agreement cannot be so fundamentally unfair, one-sided, or overreaching that it leaves one party destitute.
The waiver of alimony or spousal support is a frequently contested issue. Nevada law expressly allows couples to modify or entirely waive spousal support in a prenuptial agreement, but there is an important exception. If an alimony waiver would cause one spouse to become eligible for public assistance at the time of the divorce, the court may override the agreement and order the financially secure spouse to provide enough support to keep the other spouse off public assistance.
In addition, a prenuptial agreement can never be used to waive, cap, or limit child support, or to predetermine child custody arrangements. Those matters are governed by the best interests of the child at the time.
Dedicated Legal Representation Across the Las Vegas Valley
Drafting and executing complex marital contracts requires a deep understanding of local judicial procedures and statutory limits. We provide authoritative representation to clients seeking to protect their financial independence, including affluent individuals, business owners, and professionals residing in Las Vegas, Summerlin, Henderson, Spring Valley, North Las Vegas, and Boulder City.
Contact Our Las Vegas Prenuptial Agreement Attorneys
We can help protect you from serious financial risk. Each of our Board Certified Las Vegas prenuptial agreement lawyers offers comprehensive consultations to discuss your estate and your goals. Call our office at 702-222-4021, or complete the form below, and one of our professionals will be pleased to speak with you about a consultation.
